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(영문) 대구지방법원 2019.12.19 2018구합25549
중단(성실) 결정 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The defendant is a corporation established on May 4, 2009 with the aim of contributing to the enhancement of industrial competitiveness and national innovation capabilities through innovation of industrial technology by carrying out projects such as planning, evaluation, management, etc. of industrial technology development pursuant to Article 39 of the Industrial Technology Innovation Promotion Act.

B. The Plaintiff is a company established on March 14, 2014 for the purpose of research and development related to aerospace.

C. On August 5, 2016, the Minister of Trade, Industry and Energy publicly announced the subject of new support C by the Ministry of Trade, Industry and Energy, and among the publicly announced subject, D included “D” (hereinafter “instant subject”).

The Plaintiff applied for the recruitment of the instant task and was selected as the institution in charge of the “E” project (hereinafter “instant development project”).

E. Around September 1, 2016, the Plaintiff entered into an agreement on projects for innovation of industrial technology (the first year) with the Defendant for industrial technology development with the total period from September 1, 2016 to August 31, 2019, and four months from September 1, 2016 to December 31, 2016.

The Plaintiff received 400,000,000 government contributions while performing the instant first year development project.

F. On March 20, 2017, the Plaintiff entered into an agreement on the promotion of industrial technology (the second year) with the Defendant for the total period of technology development from September 1, 2016 to August 31, 2019, and the period of the agreement from January 1, 2017 to December 31, 2017, with the period of 12 months from December 31, 2017.

The Plaintiff received 680,000,000 government contributions while carrying out the instant second year development project.

G. On December 30, 2017, the Plaintiff submitted the annual report to the Defendant for the second year. On March 21, 2018, the Plaintiff was subject to on-site investigation for the second year annual assessment, and received the second year annual assessment from the F Committee on April 25, 2018.

(hereinafter referred to as “instant assessment”). H.

On June 14, 2018, the Defendant notified the Plaintiff of the fact that the results of the foregoing annual evaluation are “a bona fide”.

(hereinafter referred to as “instant notice”).

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